技术发展史视角下专利制度与技术创新关系论

On the relationship between patent system and technological innovation in the perspective of technological development history

通过中外技术发展历史的审视表明,技术创新与专利制度互生互促,密切关联。技术发展催生了专利制度,并推动着专利制度的不断创新:变革立法原则,扩大规定事项,促进世界范围的通约合作等,专利制度得以发展与进步;反过来,互动的专利制度又形成了促进技术创新的作用机制,激励、促进与保驾护航,推动技术不断发展创新。

In history,the development of technological innovation and patent system has been closely linked,in fact,even the history of the development of technological innovation is the history of the evolution of the patent system.From macroscopically view,the advances of technology creating the patent system and promoting the reform and development of it;and via strengthening the protection、promoting application and other mechanisms,the patent system also stimulates the technological innovation and development,thus becoming the propeller of technological development.For the reason that,both of them constitute a close interactive relationship by mutual promoting and complementing.While from microcosmic view,the academic circles have not elaborated the interaction mode between the development of technological innovation and patent system yet.Therefore,in order to realize the good interaction between institution and innovation in the era of new technology,by means of historical research method,this article tries to find logical relationship between technology and culture,innovation and institutional from the history of technology development,thus learning from history and looking forward to the future.